Weber v Deakin University

[2017] VSCA 250

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Summary dismissal
5. › Section 75 VCAT Act 1998
6. › Whether summary dismissal power requires express finding that proceeding is frivolous, vexatious, misconceived or lacking in substance
7. › Whether VCAT impermissibly assessed claim on balance of probabilities rather than applying s 75 test
8. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 75
1. Appeal
2. › Leave to appeal
3. › Application for leave to appeal from Trial Division
4. › Whether arguable error of law identified
5. › Whether leave should be granted on reformulated grounds
1. Practice and Procedure
2. › Summary dismissal
3. › Timing of summary dismissal application
4. › Whether summary dismissal may be ordered during or after final hearing
5. › Distinction between summary dismissal and determination on the merits
6. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 75, 80, 83

Quick Take

When VCAT exercises the summary dismissal power under s 75 of the VCAT Act after the applicant has presented all evidence, it must still make an express finding that the proceeding is frivolous, vexatious, misconceived or lacking in substance, and must not simply assess the claim on the balance of probabilities as if conducting a final hearing. The test under s 75 requires a finding that the claim is 'undoubtedly hopeless', which is a different and higher threshold than a finding that the applicant has not proved the claim on the balance of probabilities.